COMMONWEALTH EMPLOYEES’ COMPENSATION.
No. 98 of 1959.
An Act to amend the Commonwealth Employees’ Compensation Act 1930-1956.
[Assented to 4th December, 1959.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Commonwealth Employees’ Compensation Act 1959.
(2.) The Commonwealth Employees’ Compensation Act 1930–1956 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Employees’ Compensation Act 1930–1959.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Medical benefits.
3.—(1.) Section eleven of the Principal Act is amended—
(a) by omitting sub-section (1.) and inserting in its stead the following sub-section:—
“(1.) Where compensation is payable by the Commonwealth under this Act in respect of an injury sustained by an employee, or where compensation would be so payable but for the fact that the employee is not incapacitated for work or but for the operation of clause (ii) of sub-paragraph (b) of paragraph (1a.) of the First Schedule to this Act—
(a) the Commonwealth shall be liable to pay a sum ascertained in accordance with the next succeeding sub-section in respect of the cost of such medical treatment in relation to the injury as is, in the opinion of the Commissioner, reasonably necessary; and
(b) the Commonwealth shall, subject to sub-section (2a.) of this section, be liable to pay a sum equal to the amount of the expenditure incurred by the employee in travelling to a place for the purpose of receiving any such medical treatment or to his place of residence after receiving any such medical treatment—
(i) by ambulance; or
(ii) otherwise than by ambulance between places that are not less than fifteen miles apart by the nearest practicable route,
or in remaining, for the purpose of receiving any such medical treatment, at a place to which he has so travelled for that purpose, being a place that is not less than fifteen miles by the nearest practicable route from the place from which he has so travelled.”;
(b) by omitting from sub-section (2.) the words “, but shall not exceed Two hundred pounds unless the Commissioner considers that the exceptional circumstances of any case warrant special approval of an amount in excess of that sum”; and
(c) by inserting after sub-section (2.) the following sub-sections:—
“(2a.) Where an employee has incurred expenditure in relation to which paragraph (b) of sub-section (1.) of this section applies and the Commissioner is of opinion, having regard to all the circumstances, including—
(a) the means available for the conveyance…
Overview
The Commonwealth Employees’ Compensation Act 1959 was enacted to amend the Commonwealth Employees’ Compensation Act 1930–1956, addressing the need to update compensation provisions for Commonwealth employees. The Act was enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. It sought to revise and enhance the compensation framework for employees injured or affected by diseases in the course of their employment, ensuring that they received appropriate medical benefits and timely compensation. The Act also introduced specific compensation amounts for specified injuries, aimed at providing a more structured and equitable compensation scheme for affected employees.
Scope and Application
The Commonwealth Employees’ Compensation Act 1959 applies to Commonwealth employees who sustain injuries or contract diseases in the course of their employment, providing them with specific entitlements and benefits. This Act amends the Commonwealth Employees’ Compensation Act 1930–1956, extending its scope to include provisions for medical benefits, maximum compensation, and adjustments to weekly payments. It applies nationally, encompassing all Commonwealth employees across Australia, and includes provisions for the calculation of compensation for specified injuries as outlined in the Third Schedule. The Act also details procedural aspects such as the time for taking proceedings, medical examinations, and the role of medical referees. It introduces amendments to the compensation amounts, outlines the process for appeals, and specifies the geographic jurisdiction as the Commonwealth of Australia. The Act does not apply to injuries or diseases contracted before its commencement unless specified otherwise, and certain exclusions and thresholds are established for compensation claims. The application of the Act may be extended or restricted through subordinate instruments, ensuring its provisions are enforced uniformly across different departments and authorities.
Key Provisions
- The Commonwealth Employees’ Compensation Act 1959 (the Act) amends the Commonwealth Employees’ Compensation Act 1930-1956 (the Principal Act) by updating various provisions related to compensation for Commonwealth employees who suffer injuries or diseases as a result of their employment. Key changes include amendments to medical benefits, maximum compensation, time for taking proceedings, and compensation for specified injuries.
- Under the Act, section 3 updates the medical benefits provisions. The Commonwealth is now liable for the cost of medical treatment deemed reasonably necessary by the Commissioner, and for travel expenses incurred by the employee for receiving such treatment if certain conditions are met. There is a cap of $350 on the total amount payable for medical benefits. Section 4 increases the maximum compensation amount to $3,000, replacing the previous cap of $2,350. Section 5 modifies the time limits for taking proceedings in cases involving diseases contracted by employees, allowing for later notice and claims if they are made within six months after the Act's commencement. Section 7 requires employees to submit to medical examinations if required by the Commissioner, with the right to compensation suspended during any refusal or obstruction of such examinations.
- The Act also imposes obligations on affected parties. Employees must comply with requests for medical examinations, and failure to do so results in the suspension of compensation. The Commissioner must serve notices of determinations or actions under the Act within 30 days, and appeals must be lodged within the same timeframe. The Act also specifies the nature of injuries and the corresponding compensation amounts, as detailed in the Third Schedule, for injuries that occur after the Act's commencement.
- Breaches of the Act's provisions may lead to civil consequences, such as the suspension of compensation rights for failure to comply with medical examination requirements. The Act does not explicitly state criminal penalties for violations, but non-compliance with mandated procedures could have legal repercussions depending on the context and severity of the breach.
- Area of Law
- Employee Benefits & Compensation
- Instrument
- Act
- Concepts
- Commencement Provisions
- Medical Benefits
- Maximum Compensation
- Reporting & Disclosure Obligations
- Appeals
